(a)Commencement of actions. – All actions for divorce, annulment and separate maintenance shall be filed as family court cases except at the discretion of the circuit court or the petitioner, any action for divorce, annulment or separate maintenance filed pursuant to W. Va. Code § 51-2A-2(b) shall be filed as a circuit court case and shall be assigned to a circuit court judge. A proceeding filed pursuant to W.Va. Code § 51-2A-2 shall be commenced by filing a verified petition with the circuit clerk. The petition shall be accompanied by three copies of a completed case information statement and a financial statement completed on the form approved by the supreme court of appeals. In cases which may involve spousal support, child support, allocation of custodial responsibility, visitation, or paternity, the petition shall also be accompanied by a completed application for child support enforcement services pursuant to the Social Security Act, Title Chapter 42, 7, Subchapter IV, Part D of the United States Code, hereafter referred to as a Bureau for Child Support Enforcement Application Income Withholding Form. Within five days of the filing of a petition the circuit clerk shall send the family court a copy of the case information statement. (b)Service on respondent. – The circuit clerk shall forthwith issue a summons to be served within 20 days of filing of the petition. The petitioner shall choose a method of service in accordance with the Rules of Civil Procedure. In addition to the summons the respondent shall be served a copy of the petitioner’s petition and financial statement. If the respondent is the parent of minor children subject to the action, a parent education notice shall be served with the summons. (c)Respondent’s answer. – The respondent shall file the answer with the circuit clerk and serve a copy upon the petitioner within the time required by Rule 12 of the Rules of Civil Procedure. In addition to the answer, the respondent shall file the following: three copies of a completed case information statement and a financial statement completed on the form approved by the supreme court of appeals. The respondent shall also serve the petitioner a copy of all of the foregoing at the same time of filing his or her answer. In cases which may involve spousal support, child support, allocation of custodial responsibility, visitation, or paternity, the answer shall also be accompanied by a completed Bureau for Child Support Enforcement Application Income Withholding Form. Within five days of the filing of the answer the circuit clerk shall send the family court a copy of the case information statement. (d)Payment of parent education fees. – Parents with minor children subject to the action shall pay the required parent education fee to the circuit clerk, except for those parents who file financial affidavits with the circuit clerk and receive fee waivers. (e)Requirements relating to Bureau for Child Support Enforcement Application Income Withholding Form for child support enforcement services. – Within five days of the filing the circuit clerk shall send a copy of the Bureau for Child Support Enforcement Application Income Withholding Form and the filing party’s case information statement to the local child support enforcement office.
W. Va. R. Prac. & P. Fam. Ct. 9
Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005; and by order adoptedMay 22, 2007, effective July 1, 2007.
